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COMMUNICATION 



OF 



HIS EXCELLENCY THE GOVERNOUR 

TO THE 

HONOURABLE COUNCIL, 

RELATIVE TO THE REMOVAL OF 

SHERIFF LITHGOW; 

AND THE 

REPORT AND ADVICE OF COUNCIL 

THEREON. 

\ ■ ' 
rJtIJVTED BY ORDER OF THE GE^XRJL COURT. 

1808. 



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COMMUNICATION, &c. 



COMMONWEALTH OF MASSACHUSETTS. 

Council Chamber, February 15th, 1808. 



THE Governour makes the following communication to the 
Council, und requests their advice thereon, to be given, and 
entered in the Register of their proceedings, and signed bij 
them individually, according to the provision of the fifth artKle^ 
of the third section ^ of the second chapter of the Constitution. 

X HERE have been lately in the County of Kennebeck, cer- 
tain acts of opposition to the regulai' administration of the 
La\\'s. Those are alluded to, in a proclamation issued on the 
first day of February current, by the Governour, by and with 
the advice of this honourable Boai'd, a copy of which procla- 
mation is now before the Board, marked No. 1, to which the 
Goxernour refers the Council. He also refers the Board to 
the printed Division orders of Major General Se^vall, Major 
General of the 8th division of the Militia, now before the 
Board, marked No. 2. To General Sewall's letter to the Go- 
\-crnour dated the 21st of January last, now before the Boaj-d 
marked No. 3. To the letter of Aithur Lithgow, Esq. to tlie 
Go'V'ernour, dated the 7th of January, 1808, and received some 
time after, and laid before the Council on the 25th of that 
i month, marked No. 4. To the said Lithgo^v's letter to the 
■ Go\ernour, of the 23d of the same m.onth, avo^ving the appli- 
cation to General Sewall, &c. marked No. 5. Tho letter of 
, Pitt Dillingham to the baid Arthur Lithgow, dated the 25th of 
I January, 1808, enclosed by him to the Governour, and mark- 
' ^cd No. 6. A letter of the said Sheriff to the Governour, da- 
ted the 25th Januan-, marked No. 7. A letter from him to the 
Governour, dated the 27th January, marked Nr 8. The dc- 



[ 4 ] 

position of Henry Johnson, sworn to the 14th of December, 
1807, and received by the Governour from said Lithj^ow, on or 
about the 25th of Janiuuy, 1808, marked No. 9. The Gene- 
ral Orders of the Commander in Chief, for disbanding- the mi- 
litia detached at said Lithgow's request, by Major General 
Sewall, marked No. 10. The letter of said Lithgow to the Go- 
vernour, dated the 5th of February instant, marked No. 11. 
Tlie deposition of George Bender, who was employed as an 
express to convey the proclamation and general orders to the 
County of Kennebeck, marked No. 12. Upon these papers 
and documents, the Governour finds himself obliged to call on 
the Council for their advice, to be given, registered, and sub- 
scribed, as the Constitution provides, upon this Question. 

" Whetlier it is, or is not necessary, in order to restore peacrs 
and tranquillity," to the County of Kennebeck, to maintain the 
authority of the La\\% and support the honour of the Govern- 
inent there, to remove the said Arthur Lithgow, from the of- 
fice of Sheriff of that County, by the appointment of a more 
competent person in his place, 

JAMES SULLIVAN. 



The Committee to whom was referred the communication 
of his Excellency, respecting the removal from office, the 
Sheriff of the County of Kennebeck, with documents accom- 
panying the same^ as also a rcpre^^entation, respecting the 
Sheriff of the County of Kennebeck, beg leave respectfully to 
repoit their opinion of the particular case submitted, and the 
.'ipplication in reference to the Sheriff of the County of Han- 
cock, as principally cm.braced, in the expression of their gene- 
ral sentiments on the subject at large, matured by serious re- 
flection, confirmed and urged, by the opinions of the most re- 
spectable friends oi the National and State Governments, botli 
in and out of the Legislature, from all parts of the Common- 
wealth. The objects of civil institutions, are the comfort, se- 
curity-, and happiness of those who have established and placed 
themselves under them. Those on whom those institutions 
immediately act, and who feel their effects can best tell, when 
these ends are rtccomplished. Government is only vaiious ar- 
rangen^ents of delegated powers, for collectinp- and carrying 
into execution the will of the people. Their agency, as it ^vas 
in fixing the forni of the social compact, so it v/i\\ be in watch- 
ing the applications of its power, paramount to all others. The 
complexion of the government is alona seen in the measures, 



[ 5 ] 

ciiid the characters oi the individual agents who administer 
it. It is reserved to the people to decide on the political cast, 
which shall be given to their government, and on the merit and 
politicks of the publick servants, which the Constitution has 
placed at their disposal. And has not this decision been 
made? in this State and throughout the United ^States, notori- 
ous differences of opinion have marked political parties, pub- 
lick men and publick measures, and formed the test of politi- 
cal rectitude, and political claims to confidence in tlie rninds 
of all our citizens. The principles of all parties have been 
known, marked, defined, and appropriately directed, and urged 
on the consideration of the commimity, for its decision on 
their comparative worth. The numerous remonstrances and 
protests of Senators and Legislators, against the principles and 
measures of the friends of the National and State Govern- 
ments which have been journalized, published, and in the 
shape of pamphlets, circulated by their friends, are recorded 
proofs of a total w;ant of confidence and esteem on one aide. 
Filled with solemn warnings and conjuring calls, for e-\ery ex- 
ertion to countervail the ruinous tendencies of the existing- 
measures, these text books, from which to argue, are on the 
table, and under Ihe pillows of thousands and thousands of cur 
unfriendly fellow citizens. 

With such principles in the heads and heiu-ts of ministerial 
olncers and their friends, is it in nature that their opposers 
should place confidence in them ? The people's principles and 
the grounds of their confidence have been constitutionally col- 
lected, and unequivocally announced l)y tlie recent choice of 
their Governour, Lieutenant Governour, Council, Senate and 
House of Representatives. These expressions and the futui-e 
objects to which they pointed, cannot, and liave not been mis- 
talvcn. They constitutionally evinced a strong predilection for 
a change in the political complexion of the Government, as 
formed and to be exhibited by the principles and actions of the 
A-arious publick lunetionarics which compose it. Tlius has 
the will of the people been understood, respected and faithiiil- 
ly and wisely executed, by both Mouses of the Legislature, 
Thus has il been complied with, as with an imperious re(;;uisition 
for tlie publick good. To have disregarded this indication of 
the publick will, would have been injustice in the Lep.islaturc . 
a disappointment, if not an act of pcrjur}/ towards their consti- 
tuents. Among o:hcr thing's the Legislature iirae chi-,ngcd 
the political character of tlic Secretary's, Treasurer'"-, and Xo- 



[ Q ] 

tary Ptibllck offices. On these principles did our predecessors 
yield to successors, who, by accepting the trust, stand here 
pledged to their observance. These ari'angements can only 
be in good faith, but a partial, not a complete execution of the 
publick will. Could it appear important to change the Trea- 
surer, a Notary whose duties are confined to a single room, in a 
particular town, whose business is to count, keep, and pay out 
money, and whose patronage is the appointment of two or three 
Clerks ; and unimportant to change an oiiice of the first emo- 
lument and greatest influence in a County, whose duties are 
over the whole County, with ail the courts and all the people, 
whose indulgencies or severities may be felt by thousands, 
whose patronage is the appointment of scores of Deputies, Ap- 
praisers, Keepers of goods, and Jailors of citizens ; whose di- 
rection may be scrupulous on the acceptance of bail, and ava- 
rice, greedy of augmented sums ; Vv'hose cruelty or political re- 
venge may be gratified by the return of a talisman ; Avhose wan- 
tonness may call out and arm the posse, dependant on his nod, 
or put in motion the militia for the purposes of carnage imd of 
blood, placed ?.t his back. Surely if there is an officer in the 
Commonwealth who ougiit to possess the confidence of the 
people, and harmionize in feeling and in political principle with 
the government and administration, it is the one possessing 
such an extent of patronage, such variety of duties, such tre- 
mendous powers. 

The state sovereignty and the nation's also, are now by all 
parties, and by all descriptions of politicians, acknowledged to 
be in the people. This the people knew when they adopted 
tlie State Constitution, and recently were exercising under it 
their highest act of reserved power, in the choice of their Repre- 
scntati'\'es, and the first officers of the state. They were at- 
tached to the national go^'ernment, had confidence in its mea- 
sures, in its integrity, in its v.isdom, and in its patriotism, hi 
tlie rectitude and worth of its officers, and they wished their 
ov/n government and its officers to harmonize ivith it in princi- 
j -les of policy and economy, in national sentiments, and in 
common efibrts for the common good. Numberless publica- 
tions, addressed to the justice, tlie interests and the patriotism 
ai the people, stated the necessity and utility of this unison of 
seritiments between the officers of the State and the General 
Government, and of their accordance, v.ith the ]:opuIar feeling 
and confideiice. This was stated as an attainable desideratuiii 
.V. oithy a last exertion and tlie gl-eatest sacrifices, whicli was 



L 7 ] 

to accomplish every wish, take from the enemy his commis- 
sion at will, and despoil enmity of its power of annoyance. 
For these purposes the struggle wds continued, a change was 
willed, and a change was made. The administration, on new 
principles, was committed to new liands and in confidence of a 
faithful execution of the system in its remote and detailed di- 
visions. The people had, and have a confidence in the cor, 
rectness, the practicability and the utility of their ovn princi- 
ples, and they wish for a fair experiment of them made by 
their friends. This alone will satisfy them. They distrust 
their opponents as political enemies. The interest, the repu- 
tation, the comfort and happiness of the friends of the experi-, 
ment, depend on its success. It can ne^-^er be aided by the 
calumniators of the system. The contents of pamphlets, pro- 
tests, and communications recently addressed to the people 
and scattered thick like the locusts are yet remembered, they 
are in the hands and hearts of their readers. 

The cruel lacerations of private character, of friends and of 
families, of goodness and of greatness; the injurious and per- 
\-ei'se denunciations of the principles of our state and national 
governments, of their highest, intermediate and more su- 
bordixiate offices, cannot be so far forgotten by the people, as 
to admit the idea of safety but from their friends. As the ad- 
vocates of the new order of things are peculiarly responsible 
for its success, they ought principally to direct its operations. 
If it fails, the failure and the disgrace will be tlieirs. Those 
who have seen in it nothing^ but weakness and wickedness, v/ho 
have denounced and opposed, who have interdicted its rise ana 
predicted its fall, who calumniated its measures, hate and de- 
spise, reproach and ridicule their authors, who feel no interest 
in its character, or in supporting the reputation of those who 
administer it, but in sinking both, can triumph only in the em- 
barrassments and ruin of the objects of their dislike. Onlcea 
of emolument, of patronage and of out-door influence at the 
disposal of the Executive, continued from choice in such 
hands, in contempt of the expression of the publick will, can 
only chill the ardours of action at their source, extinguish the 
vit:il principle of confidence, and soon change the character of 
our government. Not more certain than this deprecated 
event, would be the results of the most efficient causes in their 
nearest effects, if credit can be given to history, to observation, 
experience, and to the reasonings and propensities of the hu- 
man he^LTt or moral causes. Good faith, justice, dignity and 



[81 

dut)^ deraand a difTercnt arrangement. The governnment now 
needs, and more sensibly may need hereafter, the intelligence, 
experience, Iriendsliip, countenance, council, confidence and 
support, of all those officers wliich the Constitution has placed 
at the will of the Executive. Such are doubly pledged for 
decency and respect for the government, and for a discharge 
of all the ci'\il duties. Where all these have been violated (jy 
Hidividuals, there can exist not a possible reason for further 
forbearance or lor fuither confidence. 

Persons in ofHce, at the v/ill of the Executi\"e, whose charac- 
ters have been notoriously marked with every feature of hatred,- 
of contempt and opposition to the system of the existing state 
and national government, and to the characters who administer 
them, can never possess the esteem and confidence of the 
friends to those administrations, nor perform usefully and satis- 
factorily, the duties of active officers among them. The 
publick sentiment and the publick safety require a change. — 
These ideas of danger and precaution have been awakened, not 
only by personal observation, by communications with every 
section of the Commonwealth, and with numerous individuals, 
of both branches of the Les^islaturc, and from the countrv, but 
by evciy day's experience and occurrence, and even by his 
Excellency's communications totlietwo Houses, and their an- 
swers touching these topicks. The important and principled 
communication of last June, under all the solemnities of the oc- 
casion, matured by deep reflections, affirms that — 

" A respect to the civil authorit}', a correct rcgai'd to the rights 
of others, and a ready obedience to the laws, confer on a peo- 
])le a dignity of character, which is intimately blended with the 
social virtues ; and habitually becomes the strength of a civil 
community. 

"• Should any one be daring enough to suggest the idea, 
that the peo]:)lc of Massachusetts are not, in the enlightened 
situation God has bestowed upon them, under the advantages 
they are favoured with, and the habits acquired from the man- 
ner of their education, competent to the support of a free gov- 
ernment, by their suffi-ages, frequently exercised, such person 
ougiit to be restrained, as a dangerous incendiary ; because it 
is as essentially wrong to speak, as to act treason. Every 
citizen has an unalienable right to express his opinion upon 
the administration of the government, and the conduct of his 
rulers : But there are certain primary principles, which con- 
stitute the leadine, essential, distinguishing ff:;atures of an clec- 



C 5 ] 

tive rcpublick : These arc to be treated with a solemn rever- 
ence, and supported by a rchgioiis respect." 

The more recent communication of the Sth of July, in the 
same spirit of solicitude, and distrust of the opposers and ca- 
lumniators of the officers of our national government proceeds 
thus — 

" As our security, and even our existence, as a nation, 
depends on our union ; and as a union cannot be preserved, 
without an efficient vigorous government, it is very extraordi- 
nary, that men, under any party designation, or political appel- 
lation, should, assume the character of friends to their country, 
while they are endeavouring to destroy the national union, and 
to overtlirow the principles on which the federal government 
is founded. 

" To furnish powers, with whom we are engaged in contro- 
versy, with arguments against us— to expose to them our 
weakness — to originate and dress up new claims, which those 
powers have never conceived of — to gratify our enemies by 
treating our own government with contempt, and its constitu- 
tion with ridicule, must be a strange kind of patriotism. If 
tliis is the business of men owing allegiance to their country, 
it is highly criminal." 

Still more pointed, speciFick and apjpropriate is this paragraph 
in the communication of June, viz. 

" The chief magistrate of the nation, being an elective offi- 
cer, the voice of the m.sjority, taken according to the forms of 
the constitution, must be decisive in the, choice : it is the voice 
of all. To treat the election with disrespect, is to treat the 
constitution with contempt. Nothing can tend more to dero- 
gate from the respect due to us as a nation, than an appearance 
of uneasiness, and dissatisfaction at the forms and principles of 
our own constitutions." 

The above extracted sentiments were examined by the res- 
pccti\ e branches of the Legislature, and most of them substan- 
tially reciprocated in their answers. 

\Vc are not to question the correctnesa of these sentiments 
or their practicability, nor in this jjlacc stop to decide on their 
applicacion to any individual, but we cannot forbear to say on 
every occasion, and without the fear of serious contradiction 
by a single honest, enlightened man of either party, that there 
are citizens who on account of their political practices, aie net 
entitled to governmental confidence. 

B 



L 10 ] 

Those wlio without the ability or the disposition of reason- 
in?: on" the incompetency of the people to support a free gov- 
ernment" or en ''the primary principles, ^v^iich constitute the 
leading, essential, distinguishing features of an elective repub- 
lick," who, incapable of originating measures for " destroying 
the national union" or '' overthrowing the principles on which 
tlie federal government is founded" who, incapable of " fur- 
nishing arguments to our enemies," of writing books, ad- 
dresses, numbers, or paragraphs by which to expose our weak- 
ness, enforce '^ new claims" and " to gratify our enemies" by 
treating our own government with contempt and its constitu- 
tion with ridicule, of collecting and systematising the materials 
•for opposing ajid discrediting "the voiceof the majority in the 
election of our chief magistrate" and the other elective officers. 

That tliose, who, capable of none of these " strange acts of 
patriotism" yet, as the instruments of others, have with an in- 
dustry and a seal, more fcr-sent than their devotion, received^ 
retailed, and dissem.inated, in every direction, these poisonous 
seeds of " destruction to our government and constitution" 
form a description of characters which aiiinot be confided in, 
and ought never to be trusted with the exercise of those few 
important mfluential ofiic^cs, which are held at the will of the 
Executive, especiall)^ when most of the other important offices 
in the goA ernmcnt are in the hands of their political friends. 

If the foregoing diiTu5,e reflections and statements are but a 
compilation of tlie sentiments of the most experienced, intelli- 
gent, and active friends to our g'overnment in this and in the 
United States ; if they are correct in theoi }■, and would be use- 
ful in practice, and if they are not, there must have been a 
.p;reat delusion in the expression of the publick feeling and opin- 
ion, can t'lcre exist in nature, in justice, in principle or in 
jiatriotism a reason o<:ainst ch^npins: to a verv limited degree, 
by the constitutionally contemplated forms, official arrange- 
ments wliich are unpropitious to the execution of the existing 
systems of our state and national go\^ernments ? Let the oppo- 
■sition itself answer ; fairly answer this question. 

Sheriffs, Coimty Attorneys, and Registers of Probate, are 
tjie only considerable description of olficeis placed bA^the eon- 
slitution at the Mill of tlie Executive. These for wise pur- 
poses are changeable at ]:)leasure, while otiiers for a term of 
years or during .good beha^•iour, are rcmoveable, for crime, 
misdemeanor, v^eakncbs, by impeachment or on address of both 
ilou'-es of the Legislature ; the former, because in the opinion 



[ 11 J 

©fthe Executive thepublick good and a Avant of conndcncc re 
quire the change ; the latter because eririic, mi^sdemcanoi' or 
inabihty has rendered the in unlit for the diseliarge of their of- 
ficial duties. The constitution has thus kept discinei the na- 
ture and the tenure of those gfiices, and the ciiaractcr of tliosc 
who fill them, as well as the principles and provisions hywhieli 
they iu-e to be changed. Pi-actice can never usefully conlonacl 
a difference so distinctly and solemnly marked by the supreme 
and fundamental lav/ of the State. 

Judicial and military officers, requiring for the discharge of 
their duties, appropriate information, technical science, and, skill 
acquired by expense and experience, require andhava by the con- 
stitution a tenure or an estate in their office during a Verm of years 
or of good behaviom", or at least useful belu!\iour intfie judg- 
ment of both Houses of the Legislature. These officers tlius 
independent of the arbitrary will or the wish of eacli depart- 
ment of government; thus secured and depciident on their 
capacity and rectitude for their continuance in office, a renio^'- 
al would be an implication of both. The constitution has 
thei'efore imposed both the necessary cautions, and- the duties 
to be exercised in the attainment of such an object ; it has 
provided both the modes and the publick prosecutors or agents 
tor the questioning of these qualifications. The militaiy offi- 
cer is to be removed by fair trial in Court Martial or by " the. 
address of both Houses, to the Governour." The judicial 
officers, and others, by impeachment or address, for nonper- 
formance, for misconduct and maladministration in their office : 
die processes here pointed out, addresses or impeachments, the 
objects, officers holding theii" offices by a tenure vrhich gi^'cs 
permanency to them, but in case of fault or misfortune.. The 
publick prosecutors or authorized agents to institute or sup- 
port an inquiry into these disqualiji cations, are the Grand In- 
quest of the Commonwealth, some legally designated officer or 
the Judge Advocate. These modes of investigation have at- 
tached to them the power iind the pecuniary means necessary 
for their execution. 

Those who are to act in such procedures, posses the pov.er 
of summoning or convening parties and witnesses, collecting 
evidence, appointing prosecutors and of defraying the expense. 

l^';u' otherwise is it with respect to ministerial officers hold- 
ing lucrati\e offices at the will of the J'Lxecutix e and rcnio\u- 
ble at its pleasure. No mode provided b}' tlie constitution, or, 
law lor an itiquiry into the specified items of tlick conduf.t 



L 12 ] 

no designated characters or agents to prosecute such officers 
before the Governour and Council, or power to appoint any ; 
no authority to convene the party, collect evidence, summon 
witnesses, compel their attendance, force their testimony or 
disburse their expense. 

If the constitution had contemplated a trial of such an officer 
holding at the pleasure of the Execiitive, for the purpose of his 
removal, would it not, or the law have furnished the necessary 
provisions. Or are the Governour and Council to receive 
•such evidence as may be handed to them from abroad, or by 
the accused, or as Judges decide on the truth and properties 
of alledged facts or acts, on such evidence ; or shall they lose 
in the character of prosecutor that of the Judge, until they 
themselves shall have prepared for the trial from abroad, and 
then decide on the evidence which they may have chosen to 
collect. 

If specifick charges, are to be decided, they must be either 
of crime, misconduct or incapacity, and they must be proved 
or disapproved by testimony or other evidence. In such a 
procedure, it would be consonant to the most obvious princi- 
ples €f common justice and the spirit of the declaration of 
rights to permit the accused " to produce all proofs that may 
be favourable to him, to meet the witnesses against him face 
to face, and to be fully heard in his defence, by himself -or 
his council." From the extreme danger of determining on 
specifick charges implicating individuals without a trial, anel 
from the extreme difficulty and uselessness of proceeding in 
one by the Governour and Council, against. officers holding at 
their pleasure, it is evident in such cases, none was constitu- 
tionally intended ; but that, that pleasure was to be indulged, 
to be directed by official discretion for the publick good and 
the support of the government, and not for continuing the 
emoluments of office to those who would contribute to neither. 

Most obviously did the constitution contemplate the im- 
portance, the utility and advantage of union, harmony and 
united efforts to give energy, reputation and strength to the 
administration by all the branches of the Executive. Sheriffs 
form a very important part of the executive part of go\'erii- 
ment. In this department union, vigour, secrecy and despatch 
are sometimes necessary ; confidence ahvays. In cases of in- 
surrection, treason ar^d other dark and associated crimes, or 
plots against the state or national government, such as has ijcen 
i^-pc^iWy acted in our day, the ]>ov/ers and the duties of the 



[ 13 ] 

Sheriffs become very important indeed. The civil energies of 
the Executive are felt through them. They execute the Gov- 
ernour's precepts or measures, are entrusted with his secrets, 
and of course ought to be united to him in principle, in object 
and in reputation. Hence it is, that he has the po'>vcr of re- 
moving such an officer at pleasure, and suppl3'-ing his place as 
merit or demerit shall furnish claims to confidence and expec- 
tation ; hence the duty of investigating the political prineijDles, 
attachments, the sympathies and antipathies, as weW as 
the talents and other qualifications of those to whom he in- 
trusts the powers of government, and calls about him to aid m 
its administration. From placing inferiour executive oaicea 
at the will of the supreme, it is evident the constitution meant 
they should have but one political will, meant not to place its con- 
fidence in an Executive divided against itself, in the subordinate 
officers, differing in measures, and opposed in principle to their 
chief. Where the constitution thus distrusts, can it be safe to 
confide ? 

These are other reasons why this pov/er of remo^ ing offi- 
cers, at pleasure, was placed in the Supreme Executive, and 
for the direction of its exercise. In all popuku* elective go- 
vernments, there will be parties. The struggles, aspc-.ities and 
exertions if they are nearly balanced ones, are unfavourable to 
society. The dangers and the evib of such a state of things 
are numerous. 

These are preserved, increased or diminished, more by tlie 
influence of the officers of government than by any other de- 
scription of men in society. ' As from necessity the viajorify 
must govern^ it is for the publick good, that it should be a 
strong majority. The executing these discretionary provi- 
sions of the Constitution, in favour of the friends to th.is ma- 
jority is calculated to strengthen and to increase it, and what 
is very desireable, it will also, in some degree neutraiize the 
action of counter influence, exercised by the immoveable in- 
cumbents of the Judicial and other offices, and produce a state 
of things, better accommodated and proportioned to the state 
of parties, and the division of sentiments, among the people, 
and of coiu-se of more imiversal influence and satislliction in 
the government and in its administrations. The attainment of 
such objects it is conceived, are not unwortliy the pursuiLs of 
the firm and enlightened Statesman. 

The objections to this system are recollected, that the peo- 
ple do not Vv'ish it, that it will produce injurious vibrations yi 
the country ; an unv^ilUngncss X.i accept offices, iuQrci.sed as^ 



[ 14 ] 

pel ity against piiblick men and measures ; that it will keep 
alive a party spirit ; that it will be injustice, oppression, intol- 
erance, illiberal, and a proof of what was predicted of the ex- 
istiiij:^ majority by their opponents ; a measure impolitick, 
without a parallel, and severe beyond a precedent,^c. &c. 

The answer to these objections will be in substance a repeti- 
tion of what has been already said. To adhere to the distinc- 
tions of the constitution is to give stability and certainty to the 
government under it. It is a solecism to suppose tliat act of 
changing in every instance in the people's power, did not im- 
ply a volition for the change ; and while this is their theory, 
that thev will not murmur in seeincr those with whom thev 
have conflicted for the support of the government and for 
which they have been abused, holding offices at the pleasure 
of the Executive in contempt of their wishes and in derision 
of their exertions ; this would be to destroy by the ramifica- 
tions of power its radical parts, or to tear by its members, 
from the body politick its very vitals. Admitting then that re- 
movals will produce excitement, bitterness and noise, so will 
the refusal. But who, and for Avhat, can any one complain ? 
It is immaterial to government, as it respects the mere acts of 
office, fi'om what motives or by what citizens they are per- 
formed. As it respects the mere discharge of official duties, 
if as good a man should be appointed as the one removed, the 
publick cannot be losers, if a better one, they will be gainers. 
Will the removed and his friends complain, and for what? 
Have they rights to private advantages against the claims of 
the publick good ? Who then is to complain ? Not the peo- 
ple ; they are satisfied ; not the government, it is beneficial ; 
not the friends to the administration, they are gratified. Is the 
removed injured ? He received the office for no consideration, 
he was prepared for its duties, without study and without ex- 
pense, discharged them without sacrifices ; was appointed to 
them without official claims to preference, and has none for 
their continuance ; has been made rich by their emoluments, 
or at least been benefited in his standing and improved in his 
circumstances. Others, his equals^ perhaps his superiours in 
merits and capacities, have not been noticed. 

Equality of privileges would plead for these, a principle of 
rotation exclude him; from whence then are deduced the 
causes of complaint, and by whom is it made ? Is it from the 
remoN^d as an officer ? He accepted on the express condition 
of being removed at pleasure. Is it by his friends, as citizens, 



C 15 ] 

or by his connections as friends to the government ? Certainly 
not. His friends are partisans, his political connexions the 
political denouncers and calumniators of the decisions and 
measures of his government — and as such, they only will 
•complain. Complaints there Avill he if there are removals, or 
if there arc none. Either the clamours of the enemy, or the 
cries of friends; the one groundless, the other unfounded. As 
citizens, civil officers are bound to support the administration 
of the governments ; as officers they arc doubly bound to aid 
its reputation and to aid its measures : If in principle they are 
opposed to both, there can be no security, they will assist 
either. The publick can ha^e no coniidence in them, indi\'i- 
duals none. The one party will see in such cliaracters its ene- 
mies, the other its friends, and the government its defamers 
and opposers. Can it then be impolitick, intolerant, oppres- 
sive or unjust, to transfer such offices to other hands? To 
those Avho will perform the civil and patriotick duties as well 
as the mere abstract duties of their offices ; who can tolerate 
the administration of their government, the decision of the 
majority in the elections of its publick ser^ ants, who are just 
enough to respect the first principles of the social compact, 
and to perform on their part, that solemn contract that the}^ 
themselves wore party to. Are these principles new, and 
would a compliance with them be arbitrary and injurious acts 
of power, without precedents and without their parallels? In 
Vermont, New York, Pennsylvania, and the United States, 
the experiment has been fairly and successfully tried. The 
constitutions of their governments are almost copies of our 
own, excepting Pennsylvania and theirs greatly resembles ours- 
Under these state governments the experiment has been tried 
both ways, of continuing these ministerials in office, after the 
government was changed and of removing them. The fruits 
of the experiments one way have been further conflict, diseon 
tents, intrigues, retrograde movements, want of union, wantoi 
vigour, and fluctuating dangers some times from one source 
and sometimes from another to the gOAcrnment itself; the re- 
sults the other way have been steadiness, strength, confi- 
dence and finally general acquiescence. In the one way as 
\\'hen the hands of the prophet were lifted up, the people pre- 
vailed against their opposers ; in the other as A\hen they were 
down they failed. 

The experience of the United States, which Ins adopted 
and sanctioned tlic principles contend', d, for is still more de^ 



C IG ] 

'■Kied. Oa the cljangc of tlie poetical chaiacter of the national go- 
vernment, it was the opinion of the greatest and best men amongus, 
that its offices, their emoluments and their influences ought not to 
rersiain exciusively in hands unfriendly to the change which had 
l;eea made ; that justice, policy and safety, required that they 
shoald be equalized and that the friends of the admirwstration should 
hold their proportion of them. 

This sentiment of policy and necessity and principle of equaliza- 
tion removed from their offices most of the Marshals, AttornieSj 
Agents, and many of the Revenue officers of the Union. Nothing 
short of this system would have secured confidence and been an exe- 
cution of the system on which the great elections had been made. 
Tliis measure has been ratified by the publick tribunal as proved by 
second elections. The results have been favourable indeed. Union, 
vigour, confidence and satisfaction have increased !)eyond a parallel, 
and the nation has been prosperous beyond a precedent. With such 
experience and such illustrious examples before our eyes, we can- 
not doubt of tlifc correctness of the principle nor of the utility of the 
practice. 

But have not wc ourselves already decided on both principle and 
practice, in the appointment of Attornies and Justices of the Court 
of Sessions for Our Counties ? If it is improper and would be injuri- 
ous to appoint a person of political sentiments unfriendly to the 
principles on which our state and national governments are admin- 
istered, it is because it is deemed to be improper and injurious that 
such characters should hold these offices. Tiie mere appointment 
being but a form or ceremony, it neither adects this proprietv, 
changes the properties of the character or the personal qualifications 
ni the person. , if it vvould be improper that such characters should 
he appointed to the Sheriii's office, because it would be niore proper 
and useful to the government that it should be held by different 
characters, then it would be equally proper and useful that those 
vvhicli have been appointed in whom the government and the peo- 
ple cannot contide should be removed. The Council can conceive 
no principle by which to distinguish between the case of a Sheriff 
and an Attorney by which to decide tiiat a person opposed to the 
.administration of our n;itional and state governments may not 
hold the office of an Attorney and yet may hold tnat of a Sheriif. 
Nor can we see any reason in policy or in justice for adopting the 
principle that ministerial officers holding offices at the pleas\u-e of, 
the Executive are not to be removed on account of their political 
principles and practices, or that it is to be dcine only on the allega- 
tion and proof of some specifick charges against them. Such a sys- 
tem woulil be a contradiction to what the friends to the measures of 
the national administration have said and written on the subject for 
years past. It would be arraigning the wisdom and justice of that 
government ; a censure and a reproach of its most deliberate acts. 
But in one instance did it assign r^aasonsfor the removal of an officer 



[ 17 ] 

at will, although it has always acted with information, coolness, and 
on the best of reasons, the advancentient of the national welfare. 

In no instances on general principles, have they deemed it neces- 
sary or proper to institute inquiries into specifick charges and to 
predicate removals on the proof of their correctness. To have done 
this would have required the use of moans which were not possessed, 
iind if they were and had been applied to the officers removed in 
the first years of the present administration, inchiding Post Masters, 
would have produced destiuctive quarrels, delays, and an expense 
nearly equal to that of supporting the government. 

The removals from office, and the principles by which we con- 
ceive they otight to be regulated, being a subject which may otten 
occur and of a very interesting nature to the Commonwealth ; and 
one more than any other, excepting that of our elections, jwoducing 
excitement in discussion rather than in execution, the Council 
have been induced to take a general view of a subject in part iri- 
trusted to their discretion by the constitution of then- country. And 
as it would be difficult to express verbally the individual sentiments 
which may have been severally expressed in the examination of the 
subject and in which they agree, they have availed themselves of au 
opportunity which duty has imposed, to consider particular cases, to 
communicate their sentiments at large, and what they believe to be 
the opinions of experienced and enlightened men who have thought 
most on the subject. This they have been bduced to out.of respect to 
sentiments expressed by His Excellency on the same topick, and to 
opinions held and advocated by characters, who have arraigned 
and condemned the removals made by the general government. — 
We have thought it proper to prevent misconceptions and the idea 
of having formed hasty opinions, to state our perception of facts 
and of the meaning of the provisions of the constitution ; of the 
political state of society, its dangers and its securities; and our 
principles and our reasonings and deductions ffom them. This we 
have done with frankness, with publick views, sincerity and candour, 
and in confidence, it will be so considered. • 

On the assumed principles, from a knowledge of the political state 
of the county of Hancock, from communications entitled to confi- 
dence, and the inquiries that have been m:idc, we are satisfied that 
the publick good avouUI be promoted by an appointment of some 
other person as sheriff of th.at county. 

We have carefully examined the evidence communicated witli hi^j 
Excellency's report respecting the sherillof the county of Kennebcck. 
The other communications which have been very numerous and con- 
tradictory have also been deliberately consideired and compared. From 
evidence of this kind and collected in this way, it would be difficult, 
" perhaps dangerous to say, that a specifick fact did, or did not ex- 
ist. Although in the opinion of the Council, the sherilf miscrvn- 
strued the law ^nd might mistake the. facts, respecting the late dis- 
turbances in his county, they arc not prepared to say that he acted 
iVom bad or unwarrantable motiTes, or that he is destitute of the ca- 
c 



[ 18 ] 

pacity usually possessed by persons holding similar offices, and from 
the coninaunicatioDs \\liich have been made, and the infi rmni;on 
they have as vet obtained, under existing circuinstantes, thev ;'n^ un- 
able to decide on the expediency or inexpedienc\' of the removal. 
All which with deference is very respectfully submitted, 

LKVI LINCOLN, 
SAMUKL FOWLFR, 
WILIJAM WIDGI^RV, 
MARSHALL .SPRING, 
DAM! I. KI' HAM, 
BENJ vMIN J PORTER, 
THOMAS HAZARD, Jun. 

The above and foregoing being read and considered was accept- 
ed as by signatures affixed and ordered to be filed. 



Commonwealth of Massachusetts. 



.In Senate Nov. 15, 1808. 

ORDERED, That the Communication from His Excellen- 
cy the Governour to the Honourable Council of the 15th day 
of February last^ and the Report of the Committee of Council 
thereon be printed in pamphlets, and that one thousand copies 
of the same be struck off for the use of the members of the 

General Court Sent down for concurrence. 

H. G. OTIS, President, 



In the House of Representatives, Nov. 16, 1808. 
Read and concurred. 

TIMOTHY BIGELOW, Speaker. 



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